Appellate Division of the Supreme Court of New York, 1936

Hovell v. Dowling

Hovell v. Dowling
Appellate Division of the Supreme Court of New York · Decided December 28, 1936
249 A.D. 777; 292 N.Y.S. 1010; 1936 N.Y. App. Div. LEXIS 5969
Hovell v. Dowling

Opinion of the Court

Action to recover damages for the death of plaintiff’s intestate, killed by a train of the Interborough Rapid Transit Company, of which defendants are receivers. Judgment in favor of the plaintiff affirmed, with costs. The record on this appeal presents a stronger case in favor of the plaintiff than that which appeared on the prior trial. Carswell, Davis and Johnston, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote for reversal and a new trial on the ground that the verdict of the jury is against the weight of the evidence.

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